The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-05-25
THE LITTLE. RIVER PLACE.
THE CIRCUIT COURT DETERMINES THE
OWNERSHIP OF THE PROPERTY.
Fall Text Of Judge Fraser's Decree
that. Requires John +. BrOwnlee
10 Make Titles to Josephine A.
TIE STATE OF SOUTH CAROLINA,
COUNTY OF ABBEVILLE.
In tho lt0Ilrf of lnfn mon Pleas

Martin.
TIE STATE OF SOUTH CAROLINA,
COUNTY OF ABBEVILLE.
| In the Court of Common Pleas
A. Martin and John NJ. Martin. defendants.
This case came up for q hearing at the term
Of the Court held for Abbeville county In Feb
ruary 1887.
session of II tract Of land known as the "Riv-
] cr Place"
! In December. 1877, under an order of Court
James $. Cothran, Executor sold the real es-
| tate OF Joel j. Cunningham, deceased.
The defendant, Josephine A. Martin, was q
niece, and the residuary legatee OF the said
Joel j. Cunningham, and at the said sale she
bid Off ut the sum of l,60900 two parcels Of
land. to wit, the "Home place" and tho "Rtv-
er place" the latter being the subject OF this
action.
John L. Brownlec and the snid Josephine A.
Martin, the bid made by her was assigned to
plaintiff, who complied with the terms OF sale
by paying one-half of Ihc amount in cash and
giving his bond and q mortgage Of the prem
| ises to secure the credit portion OF the bid.
The title to both places was mado 10 plaintif,
| the conveyance being absolute on It's face.
this assignment Of the bid and execution OF
the title was made, is tho matter In dispute In
this case and on the determination OF which
| the rights of tho parties depend.
Plaintiff claims that he become n bona Jide
purchaser for his own use and benefit. and
| that the paper executed 18th January, 1873,
and called by The parties u conditional sale"
defines and expresses the only rights which
Josephine A. Martin has in the premises.
The conveyance by the executor to plaintitI
bears date Sd December, 1877. The plaintiff
claims that Josephine a. Martin has failed to
pay the money as provided In the "cond'tion-
al sale" and has no longer any rights In the
premises.
a. and makes no claim In his own right. Jo-
sep:line a. claims that the assignment of the
bid and the execution Of the title to plaintiff
was intended by the parties at the time to be
n nero security for the money paid by plain.
| tiff, and that the same was advanced and
loaned by plaintiff to enable her to become
the purchaser OF the land. That the opera
tion OF the deed rs q mortgage under the orig
| inaf agreement could not be changed by the
execution, without any new consideration, OF
the conditional sale," and that being unable
agreed upon, the whole matter was settled by
an agreement by paro that plaintiff should
keep as his own the "Home place" and the de-
fendamt, Josephine A., as her own the "Riyer
sion OF the Home place and sold 1t for s., ,0O0-
q sum largely In excess OF the amount ad-
vanced by him and interest thereon, and that
she took possession Of the "River place" as
her own and made improvements thereon.
There Is very little difference as to the prin-
clpes OF law applicable to the case, and the
main difficulty Is about the facts.
At the term of the Court certain Issues were
submitted TO jury. and their findings thereon
are q part Of the record in the case. Nearly
all tile witnesses were examined in open
Court and in the presence Of a jury, and after
the jury had rendered their verdict the whole
case was heard by me on the equity side OF
the Court on the same testimony. The jury
have found in favor of plaintiff on the ques-
BILE issues raised. finding that the conveyance
made to plaintiff was never intended to be
mortgage, but an absolute conveyance for his
own use and benefit. and that there was no
agreement that plaintiff should keep the
"Home Place and defendant Josephine the
"River Place"
the land had been conveyed to the plaintiff
and the legal title had meyer passed out OF
him.
tween John Z. Brownlce the plaintiff and
Mrs. Brownlee his wife OH the one side, and
Josephine a. Martin one OF the defendants
and her husband John NJ Martin and L. Z.
Cover their relative; the three latter IN favor
of the view that the conveyance was intend
ed az q mere security for the money pain or
advanced or loaned by plaintiff, and OF the
two former that the conveyance was maze TO
plalntG for his own use and benefit and not
as Il security.
Several witnesses We're examined by the de-
PENDANTS The witness Knox a says s. that hat he he
some money or would have to do II, and he
"was troubled abont II to make the pay nent."
81 understood him the second payment, not
"the first payment Mt ALL"
The witness DR.. Bell says: "I advised him
"then TO get Judge Thomson to write 1t and he
said he would" Crhe conditional sale was
"writtcn by Judge then Mr., Thomson.) "Af-
chat after SO much talk and the title at the
"tme was entirely to be understood, l say that
"the title at the time was entirely 70 be ul-
"derstood in lien Of the mortgage, OF the paper
"intcnded to be q sale OF land at that time"
"* and on cross-eXamination this wit.
ness says she was sorry for her (Mrs. Martin)
"und would lend her 1t (the money!
| hon oaIn al tba circumstances to
point to purpose on the part OF Mrs. Martin,
of which plaintiff could not have been un-
informed, to retain for her own use and bene.
1T these lands OF her deceased relative. The
payment of S56 100 as interest before the ex-
piraton of the two years given for the pay
mcnt by the conditional sale" seems to me
to contemplate the existence of some debt
due by Mrs. Martin to plaintiff due or on
which at least interest was due, outside of the
conditional salc'' referred to. think the
weight of the testimony is In favor OF the
the conveyance to plaintiff as mere security
| for the repayment of the money advanced by
him; that plaintiff knew that she accepted
the arrangement under this view, and that
matter until he saw fit to make as condition
on which he would execute title for the "Riy-
er Place" to Mrs; Martin, his 10ile's consent to
sign her doUer. The plaintiff Brownlee says:
selling the Home Place for s2.OOO.OO and H.
my wife would sign her dover, 1 would give
| her the 'IlVer GluCe. - lnero IN uOIulHS Ill
the testimony to show that plaintiff was in O
pecuniary condition to make any such dona-
| ton. The witness Knox called for the de-
fondants says: "He (plaintifO told me about
selling the place to Mr.. Holland and that he
had given Mr.. Martin the River PLACE."
| am always reluctant to reverse the finding
Of jury even in an equity case, but on O
careful examination OF all the circumstances
of this case and the testimony Of the witness.
cs, most of whom were examined before me, l
have come to the conclusion that the convey
ancc of the "EIome Place" and the "River
Place" to plaintiff by the executor Of Joel ].
Cunningham was made with the understand
ing between plaintiff and Mrs. Martin that
the same should stand as mortgage to secure
the repayment of the purchase money ad-
vanced and to be advanced by pla intif for the
benefit of Mrs. Martin. That being a mort
gage the status was not changed by the eXeeii-
tlon of the paper called q conditional sale,
which was, II Is admitted, was without any
new consideration moving the parties there
to and hat upon the surrender to pialntlH
of the "IIome Place" and occupation by the
Place" there was valid and blnding settle
mcnt in full by which Mrs. Martin was TO
hold as her own The "River Place without
any right 10 demand from plaintiif any SUR
plus ho might realize by selling the Home
Pmce" for an amount more than suiflcient 10
repay him with interest. .,,I
1t is therefore ordered and adIudged that
the plaintiff do execute and deliver to the |
Clerk of this Court, to be by him delivered to
tho defendant Josephine A. Martin good and
sufficient decd of conveyance, without war.
runty under sCnland In the presence OF two
il II css.s OF the said "Rivcr Place" and that
t41n cc,rap pla4+att--srnd counter claim as to all
other purposes DC dismissed.
Il. B. FRASIER,
Presiding Judge.